People v Egbunike
2015 NY Slip Op 08432 [133 AD3d 776]
November 18, 2015
Appellate Division, Second Department
As corrected through Wednesday, December 30, 2015


[*1]
 The People of the State of New York,Respondent,
v
Emmanuel C. Egbunike, Appellant.

Del Atwell, East Hampton, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer and LaurieSapakoff of counsel; Jack Peterson-Daily on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County(Molea, J.), rendered December 17, 2013, convicting him of grand larceny in the fourthdegree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to inform him of theimmigration consequences of his plea of guilty is unpreserved for appellate review (see People v Peque, 22 NY3d168, 183 [2013]; People vDiPietro, 115 AD3d 977 [2014]). In any event, that contention is belied by therecord, which reveals that both the prosecutor and the court advised the defendant of thepossibility that he would be deported as a result of his plea of guilty (see People v Martial, 125AD3d 688, 689 [2015]; People v Taveras, 123 AD3d 745 [2014]; People v DiPietro, 115 AD3d977 [2014]).

The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentence imposed was excessive (see People v Sanders, 25 NY3d 337 [2015]; People v Lopez, 6 NY3d248, 254 [2006]; People v Seaberg, 74 NY2d 1, 11 [1989]).

The defendant's remaining contention is without merit. Balkin, J.P., Chambers,Cohen and Hinds-Radix, JJ., concur.


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